What is Needed to Prove a Pregnancy Discrimination Case
If you believe that you have faced some type of discrimination solely based on your pregnancy, then you are not alone. Unfortunately, there are thousands of people who have not been hired, did not receive a promotion, were denied benefits, or were fired because of their pregnancy.
At Mann & Elias, we specialize in pregnancy discrimination cases and know what it takes to get the justice you deserve. No one should ever be discriminated in their workplace–especially based on their pregnancy. If you or a loved one believe that you have been discriminated due to your pregnancy, you should seek legal help from a pregnancy discrimination lawyer as soon as possible.
Below you will find more information about filing a pregnancy discrimination claim or lawsuit.
Pregnancy Discrimination Explained
Pregnancy discrimination occurs when an employer treats a prospective employee or employee unfairly based on her pregnancy, childbirth, or related conditions. Pregnancy discrimination can happen at any point in time of employment–whether it be in the hiring state or firing. It is unlawful to refuse to hire someone because she is pregnant. In addition, it is unlawful to refuse to give someone assignments, promotions, demotions, and fire someone because of her pregnancy.
There are no special rights for pregnant women; however, there are rights that prevent employers from treating them unfairly from other employees.
How to Prove Pregnancy Discrimination
In order for one to prove pregnancy discrimination, it is imperative to show that you were treated unfairly in comparison to other employees and that it was solely based on your pregnancy. No matter what the circumstances are, showing credible evidence is paramount to a successful case.
What is Direct Evidence of Pregnancy Discrimination?
Direct evidence of pregnancy discrimination is when an employer openly admits to acting discriminatory based on your pregnancy. In these types of instances, you will have a much easier time proving yourself in court. An example of direct evidence of pregnancy discrimination would be something along the lines of an employer telling a pregnant employee, “I would give you the job, but it requires travel and I know you won’t be able to because you’re pregnant.” Believe it or not, it is not uncommon to hear an employer make an unfair decision solely based one someone’s pregnancy.
Circumstantial Evidence of Discrimination
When it comes to circumstantial evidence of discrimination, this means that your employer didn’t admit to discriminating based on pregnancy. However, despite this, you may still have enough evidence to prove that is was, in fact, pregnancy discrimination. If you plan to prove circumstantial evidence of discrimination, then it will need to show that your employer was more likely than not discriminating based on pregnancy.
Here are a few examples of circumstantial evidence:
Suspicious timing: This type of scenario shows that there was motivation behind the decision and it occurred during some point of your pregnancy.
Evidence showing that your employer didn’t follow the usual termination plan: If your employer failed to give you written warnings, which is part of a termination plan, this can be a discrepancy.
Unfair treatment in comparison to other employees: If you notice that you are being treated unfairly in comparison to other employees, this can also be classified as circumstantial evidence.
Improbable reasons of termination: If your employer said that you were being fired because you do not acquire a certain skill set, yet hired someone with less qualifications or the same qualifications as you, this can also be classified as circumstantial evidence.
Contact a Pregnancy Discrimination Lawyer
If you or someone you know has faced or is currently facing pregnancy discrimination in the workplace, then you should contact a pregnancy discrimination attorney to fight on your behalf. At Mann & Elias, we believe in justice for all victims. No one should have to undergo such behavior.
We will fight for you from start to finish and get you the settlement and justice you deserve. It is important that you take action quickly and do not wait. By speaking to a Los Angeles employment lawyer, you will learn your rights and we will do whatever is necessary to get you back to where you belong.
We offer free case reviews and do not charge any upfront fees. In fact, we work on a contingency fee basis, which means you don’t pay a thing unless we win. Give us a call any time!